26 U.S.C. § 527: Political organizations

A political organization shall be subject to taxation under this subtitle only to the extent provided in this section. A political organization shall be considered an organization exempt from income taxes for the purpose of any law which refers to organizations exempt from income taxes. A tax is hereby imposed for each taxable year on the political organization taxable income of every political organization. Such tax shall be computed by multiplying the political organization taxable income by the highest rate of tax specified in section 11(b). the gross income for the taxable year (excluding any exempt function income), over the deductions allowed by this chapter which are directly connected with the production of the gross income (excluding exempt function income), computed with the modifications provided in paragraph (2). there shall be allowed a specific deduction of $100, no net operating loss deduction shall be allowed under section 172, and no deduction shall be allowed under part VIII of subchapter B (relating to special deductions for corporations). a contribution of money or other property, membership dues, a membership fee or assessment from a member of the political organization, proceeds from a political fundraising or entertainment event, or proceeds from the sale of political campaign materials, which are not received in the ordinary course of any trade or business, or proceeds from the conducting of any bingo game (as defined in section 513(f)(2)), contributes any amount to or for the use of any political organization which is treated as exempt from tax under subsection (a) of this section, contributes any amount to or for the use of any organization described in paragraph (1) or (2) of section 509(a) which is exempt from tax under section 501(a), or deposits any amount in the general fund of the Treasury or in the general fund of any State or local government, The term “political organization” means a party, committee, association, fund, or other organization (whether or not incorporated) organized and operated primarily for the purpose of directly or indirectly accepting contributions or making expenditures, or both, for an exempt function. The term “exempt function” means the function of influencing or attempting to influence the selection, nomination, election, or appointment of any individual to any Federal, State, or local public office or office in a political organization, or the election of Presidential or Vice-Presidential electors, whether or not such individual or electors are selected, nominated, elected, or appointed. Such term includes the making of expenditures relating to an office described in the preceding sentence which, if incurred by the individual, would be allowable as a deduction under section 162(a). The term “contributions” has the meaning given to such term by section 271(b)(2). The term “expenditures” has the meaning given to such term by section 271(b)(3). all the exempt functions of which are solely for the purposes of influencing or attempting to influence the selection, nomination, election, or appointment of any individual to any State or local public office or office in a State or local political organization, information regarding each separate expenditure from and contribution to such organization, and information regarding the person who makes such contribution or receives such expenditure, with respect to which the reports referred to in clause (ii) are (I) made public by the agency with which such reports are filed, and (II) made publicly available for inspection by the organization in the manner described in section 6104(d). The minimum amount of any expenditure or contribution required to be reported under State law is not more than $300 greater than the minimum amount required to be reported under subsection (j). The employer of any person who makes contributions to the organization. The occupation of any person who makes contributions to the organization. The employer of any person who receives expenditures from the organization. The occupation of any person who receives expenditures from the organization. The purpose of any expenditure of the organization. The date any contribution was made to the organization. The date of any expenditure of the organization. An organization shall not fail to be treated as a qualified State or local political organization solely because such organization makes de minimis errors in complying with the State reporting requirements and the public inspection requirements described in subparagraph (A) as long as the organization corrects such errors within a reasonable period after the organization becomes aware of such errors. controls or materially participates in the direction of the organization, solicits contributions to the organization (unless the Secretary determines that such solicitations resulted in de minimis contributions and were made without the prior knowledge and consent, whether explicit or implicit, of the organization or its officers, directors, agents, or employees), or directs, in whole or in part, disbursements by the organization. the net investment income of such organization for the taxable year, or the aggregate amount so expended during the taxable year for such an exempt function. the gross amount of income from interest, dividends, rents, and royalties, plus the excess (if any) of gains from the sale or exchange of assets over the losses from the sale or exchange of assets, over the deductions allowed by this chapter which are directly connected with the production of the income referred to in subparagraph (A). For purposes of this subsection and subsection (e)(1), a separate segregated fund (within the meaning of section 610 of title 18 or of any similar State statute, or within the meaning of any State statute which permits the segregation of dues moneys for exempt functions (within the meaning of subsection (e)(2))) which is maintained by an organization described in section 501(c) which is exempt from tax under section 501(a) shall be treated as a separate organization. For purposes of this section, a fund established and maintained by an individual who holds, has been elected to, or is a candidate (within the meaning of paragraph (3)) for nomination or election to, any Federal, State, or local elective public office, for use by such individual exclusively for the preparation and circulation of such individual’s newsletter shall, except as provided in paragraph (2), be treated as if such fund constituted a political organization. the exempt function shall be only the preparation and circulation of the newsletter, and the specific deduction provided by subsection (c)(2)(A) shall not be allowed. publicly announces that he is a candidate for nomination or election to such office, and meets the qualifications prescribed by law to hold such office. In the case of a political organization, which is a principal campaign committee, paragraph (1) of subsection (b) shall be applied by substituting “the appropriate rates” for “the highest rate”. section 302(e) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30102(e) ), and this subsection. shall be made at such time and in such manner as the Secretary may prescribe by regulations, and once made, may be revoked only with the consent of the Secretary. unless it has given notice to the Secretary electronically that it is to be so treated, or if the notice is given after the time required under paragraph (2), the organization shall not be so treated for any period before such notice is given or, in the case of any material change in the information required under paragraph (3), for the period beginning on the date on which the material change occurs and ending on the date on which such notice is given. The notice required under paragraph (1) shall be transmitted not later than 24 hours after the date on which the organization is established or, in the case of any material change in the information required under paragraph (3), not later than 30 days after such material change. the name and address of the organization (including any business address, if different) and its electronic mailing address, the purpose of the organization, the names and addresses of its officers, highly compensated employees, contact person, custodian of records, and members of its Board of Directors, the name and address of, and relationship to, any related entities (within the meaning of section 168(h)(4)), whether the organization intends to claim an exemption from the requirements of subsection (j) or section 6033, and such other information as the Secretary may require to carry out the internal revenue laws. In the case of an organization failing to meet the requirements of paragraph (1) for any period, the taxable income of such organization shall be computed by taking into account any exempt function income (and any deductions directly connected with the production of such income) or, in the case of a failure relating to a material change, by taking into account such income and deductions only during the period beginning on the date on which the material change occurs and ending on the date on which notice is given under this subsection. For purposes of the preceding sentence, the term “exempt function income” means any amount described in a subparagraph of subsection (c)(3), whether or not segregated for use for an exempt function. to which this section applies solely by reason of subsection (f)(1), which reasonably anticipates that it will not have gross receipts of $25,000 or more for any taxable year, or which is a political committee of a State or local candidate or which is a State or local committee of a political party. This subsection shall not apply to any person required (without regard to this subsection) to report under the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 et seq.) as a political committee. a failure to make the required disclosures under paragraph (2) at the time and in the manner prescribed therefor, or a failure to include any of the information required to be shown by such disclosures or to show the correct information, quarterly reports, beginning with the first quarter of the calendar year in which a contribution is accepted or expenditure is made, which shall be filed not later than the fifteenth day after the last day of each calendar quarter, except that the report for the quarter ending on December 31 of such calendar year shall be filed not later than January 31 of the following calendar year, a pre-election report, which shall be filed not later than the twelfth day before (or posted by registered or certified mail not later than the fifteenth day before) any election with respect to which the organization makes a contribution or expenditure, and which shall be complete as of the twentieth day before the election, and a post-general election report, which shall be filed not later than the thirtieth day after the general election and which shall be complete as of the twentieth day after such general election, and in the case of any other calendar year, a report covering the period beginning January 1 and ending June 30, which shall be filed no later than July 31 and a report covering the period beginning July 1 and ending December 31, which shall be filed no later than January 31 of the following calendar year, or monthly reports for the calendar year, beginning with the first month of the calendar year in which a contribution is accepted or expenditure is made, which shall be filed not later than the twentieth day after the last day of the month and shall be complete as if the last day of the month, except that, in lieu of filing the reports otherwise due in November and December of any year in which a regularly scheduled general election is held, a pre-general election report shall be filed in accordance with subparagraph (A)(i)(II), a post-general election report shall be filed in accordance with subparagraph (A)(i)(III), and a year end report shall be filed not later than January 31 of the following calendar year. The amount, date, and purpose of each expenditure made to a person if the aggregate amount of expenditures to such person during the calendar year equals or exceeds $500 and the name and address of the person (in the case of an individual, including the occupation and name of employer of such individual). The name and address (in the case of an individual, including the occupation and name of employer of such individual) of all contributors which contributed an aggregate amount of $200 or more to the organization during the calendar year and the amount and date of the contribution. For purposes of this subsection, a person shall be treated as having made an expenditure or contribution if the person has contracted or is otherwise obligated to make the expenditure or contribution. to any person required (without regard to this subsection) to report under the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 et seq.) as a political committee, to any State or local committee of a political party or political committee of a State or local candidate, to any organization which is a qualified State or local political organization, to any organization which reasonably anticipates that it will not have gross receipts of $25,000 or more for any taxable year, to any organization to which this section applies solely by reason of subsection (f)(1), or with respect to any expenditure which is an independent expenditure (as defined in section 301 of such Act). a general, special, primary, or runoff election for a Federal office, a convention or caucus of a political party which has authority to nominate a candidate for Federal office, a primary election held for the selection of delegates to a national nominating convention of a political party, or a primary election held for the expression of a preference for the nomination of individuals for election to the office of President. Any report required under paragraph (2) with respect to any calendar year shall be filed in electronic form. The Secretary shall make any notice described in subsection (i)(1) or report described in subsection (j)(7) available for public inspection on the Internet not later than 48 hours after such notice or report has been filed (in addition to such public availability as may be made under section 6104(d)(7)). Names, States, zip codes, custodians of records, directors, and general purposes of the organizations. Entities related to the organizations. Contributors to the organizations. Employers of such contributors. Recipients of expenditures by the organizations. Ranges of contributions and expenditures. Time periods of the notices and reports. tax assessed on an organization by reason of the failure of the organization to comply with the requirements of subsection (i), or amount imposed under subsection (j) for a failure to comply with the requirements thereof, Except as provided in paragraph (2), the amendments made by this section [amending this section and sections 6011, 6033, and 6104 of this title] shall apply to taxable years beginning after the date of the enactment of this Act [ July 1, 2019 ]. In the case of any small organizations, or any other organizations for which the Secretary of the Treasury or the Secretary’s delegate (hereafter referred to in this paragraph as the ‘Secretary’) determines the application of the amendments made by this section would cause undue burden without a delay, the Secretary may delay the application of such amendments, but such delay shall not apply to any taxable year beginning on or after the date that is 2 years after the enactment of this Act. the gross receipts of which for the taxable year are less than $200,000; and the aggregate gross assets of which at the end of the taxable year are less than $500,000. In the case of any organization described in section 511(a)(2) of the Internal Revenue Code of 1986 which is subject to the tax imposed by section 511(a)(1) of such Code on its unrelated business taxable income, or any organization required to file a return under section 6033 of such Code and include information under subsection (e) thereof, the Secretary may delay the application of the amendments made by this section, but such delay shall not apply to any taxable year beginning on or after the date that is 2 years after the enactment of this Act.” The amendments made by subsections (a) and (b) [amending this section] shall apply to failures occurring on or after the date of the enactment of this Act [ Nov. 2, 2002 ]. The amendments made by subsection (c) [amending this section] shall take effect as if included in the amendments made by Public Law 106–230 .” The amendments made by subsections (e)(1) and (f) [amending this section] shall apply to reports and notices required to be filed more than 30 days after the date of the enactment of this Act [ Nov. 2, 2002 ]. The amendments made by subsections (e)(2) and (e)(3) [amending this section] shall apply to reports required to be filed on or after June 30, 2003 . The amendments made by subsection (g) [amending this section] shall apply to material changes on or after the date of the enactment of this Act. 30 days after the date of such material change, or 45 days after the date of the enactment of this Act [ Nov. 2, 2002 ].” Except as provided in paragraphs (2) and (3), the amendments made by this section [amending this section and sections 6104 and 6652 of this title] shall take effect on the date of the enactment of this section [ July 1, 2000 ]. In the case of an organization established before the date of the enactment of this section, the time to file the notice under section 527(i)(2) of the Internal Revenue Code of 1986, as added by this section, shall be 30 days after the date of the enactment of this section. The amendment made by subsection (b)(2) [amending section 6104 of this title ] shall take effect on the date that is 45 days after the date of the enactment of this section.” The amendment made by subsection (a) [amending this section] shall apply to taxable years beginning after December 31, 1974 , except that notwithstanding any other provision of law to the contrary, no amounts held at the date of enactment of this bill [ Oct. 21, 1978 ] by an organization described in section 527(e)(1) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] in escrow, in separate accounts for the payment of Federal taxes, or in any other fund which are proceeds described in section 527(c)(3)(D) of such Code may be used, directly or indirectly, to make a contribution or expenditure (as defined in section 301(e) and (f) of the Federal Election Campaign Act of 1971; 2 U.S.C. 431 [(e) and] (f) [now 52 U.S.C. 30101(8) and (9)]) in connection with any election held before January 1, 1979 . Such amounts as described in (1) above shall not be considered as security or collateral for any loan by any State or national bank or any other person or organization.” the effect of the amendments made by this Act [amending this section and sections 6012, 6033, 6104, and 7207 of this title], and the interaction of requirements to file a notification or report under section 527 of the Internal Revenue Code of 1986 and reports under the Federal Election Campaign Act of 1971 [ 52 U.S.C. 30101 et seq.]. Information provided under subsection (a) shall be included in any appropriate form, instruction, notice, or other guidance issued to the public by the Secretary of the Treasury or the Federal Election Commission regarding reporting requirements of political organizations (as defined in section 527 of the Internal Revenue Code of 1986) or reporting requirements under the Federal Election Campaign Act of 1971 [ 52 U.S.C. 30101 et seq.].”